Sidiq Siadio
UIN Sjech M. Djamil Djambek Bukittinggi

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PENGARUH INTERVENSI HUKUM ADAT MINANGKABAU TERHADAP PRINSIP DAN PRAKTIK HUKUM ISLAM Sidiq Siadio; Endri Yenti
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 2 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i2.10139

Abstract

This study aims to analyze the influence of Minangkabau customary law intervention on the principles and practices of Islamic law. Minangkabau customary law has a long history and is an integral part of the strong cultural heritage of the Minangkabau community. On the other hand, Islamic law is also the majority religion believed by the Minangkabau people. This research adopts a qualitative approach with a case study method to gain a deep understanding of the interaction between Minangkabau customary law and Islamic law in terms of principles and legal practices. Data were collected through interviews, observations, and analysis of relevant documents. The findings of the study indicate that Minangkabau customary law intervention has a significant influence on the principles and practices of Islamic law. Minangkabau customary law often functions as a social norm that affects decision-making in Islamic legal cases. Principles of customary law, such as adat istiadat (customary traditions), adat basandi syarak (custom based on Islamic law), syarak basandi kitabullah (Islamic law based on the Quran), and adat basandi adat (custom based on customs), often play a vital role in resolving legal cases. However, there are also potential conflicts between Minangkabau customary law and Islamic law in some cases. Certain customary law practices that contradict Islamic principles, such as unequal inheritance between men and women, have sparked debates within the Minangkabau community
Beyond Legalism in Maqasid Al-Shariah: Integrating Theology, Philosophy, and Law for Contemporary Global Governance Sidiq Siadio; Dahyul Daipon; Novelantika
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This study responds to the lack of an integrated epistemological framework in Maqasid al-Shariah scholarship, where theological, philosophical, and legal dimensions are frequently treated as discrete and self-contained domains. Prevailing approaches tend to prioritize legal formalism or adopt fragmented disciplinary perspectives, thereby constraining the capacity of maqasid to address contemporary global concerns such as human rights, social justice, and ethical governance in a systematic manner. The article seeks to reconstruct Maqasid al-Shariah through an interdisciplinary epistemological framework that coherently integrates theology, philosophy, and law. Methodologically, the study employs qualitative conceptual analysis grounded in a maqasid-oriented epistemology, complemented by a critical–comparative examination of selected classical scholars (al-Ghazali, al-Shatibi, and Ibn Rushd) alongside representative contemporary maqasid discourses. The analysis is guided by clearly articulated conceptual criteria, including modes of theological legitimation, the role of philosophical rationality in ethical justification, and the degree to which maqasid is confined to juridical instrumentalization. The findings indicate that the persistent separation of these disciplines generates three analytically identifiable structural limitations: theological rigidity, philosophical marginalization, and legal reductionism. These categories are derived inductively from recurring patterns of reasoning and argumentation observed across the examined texts, rather than from a priori normative assumptions. Collectively, these limitations inhibit maqasid from operating as a dynamic, context-responsive, and globally relevant normative framework.This study contributes to maqasid scholarship by proposing a reconstructed model in which theology furnishes normative legitimacy, philosophy secures rational universality, and law operationalizes ethical principles within institutional and regulatory contexts. By clarifying both the epistemological foundations and the analytical basis of maqasid, the proposed model advances Maqasid al-Shariah as a comprehensive paradigm capable of engaging complex global ethical challenges beyond the confines of traditional legalism.